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HomeMy WebLinkAboutJohn E. Forte - Reimbursement Agreement - Water Main - Warne TOPIC FILE NO. LEGISLATIVE HISTORY RECORD , DETAIL DATE ACTION OF COUNCIL OR BOARD MINUTE BOOK _ VOLUME PAGE TOPICFILE NO, I September 25, 1970 John L. Forte 3978 Laguna Blanca Drive Santa Barbara, California 93105 Subjects ination of Agreement- 4r Main Reimbursement, Wa Avenue Gentlemens Per the terms of this ag t and Chapter 35 of Huntington Beach Ordinance Code, all re n s e within the five (5) year period since construction ha a een de. This agreement ow t nated and the account is closed. Very truly yours, James R. Wheeler Director of Public Works Eric I. Lovejoy Division Engineer JRW t EILrT�imp ,' ccs Roeschlaub McLellan 2975 Wilshire Boulevard Los Angeles, California Attentiont Ronald C. Roeschlaub LAW OFFICES RoESC73LAIIB & McLELLAN 2975 WILSHIRE BOULEVARD LOS ANGELES 5 DUNKIRK B-4111 RONALD C.ROESCHLAUB WALTER J.MSLELLAN May 28, 1970 CLIFFORD J.MEYER JOHN A.DITO Director of Public Works Huntington Beach, California Attention: James R. Wheeler Director of Public Works Re: Mr. Ted Mullen Gentlemen: Reference is made -to that reimbursement agreement entered into October 11, 1961, between the City of Huntington Beach and Mr. Forte relating to water main and water line installa- tion on Nicholas Street and Warner Avenue. Would you please advise us of the status of this matter as your records indicate at this time. The matter has been pending for a long time and Mr. Forte is most anxious to get it closed promptly. Thank you for your attention to this matter. Yours very truly, �a9F� Ronald C. Roeschlaub RCR:ah OFFICE MEMORANDUIVP To Date From .T/� In Re � 8 J O H N E. FORTE TELEPHONE 96 7-1444 AREA cone .oe • Santa Barbara, Calif. 3978 Laguna Blanca Dr. 93105 April 27, 1969 Director of Public WorkB Huntington Beach, Calif. Re: Werner Drive-In Theatre Gentlemen: In your letter to me dated March 17, 1964, you anticipated further development which would furnish funds to reimburse me on our agreement. The reimbursement agreement was dated October 11, 1961 in the amount of 64744.20 for construction of a water main from the vesterly side of Nichols Street and the southerly side of Warner west 960 feet. Your early remittance will be greatly appreciated. Very truly yours, FORTE JEF/dl March 14, 1964 City Clerk City of Huntington Beach ' D r� � Huntington Beach, Calif. �� Gentlemen: Z have a reimbursement agreement dated October 11, 1961 between your city and, myself in Vaich the refund is to be $4744.20. This was for construction of a water main IYom the existing main on the westerly side of Nichols Street and the southerly side of Varner Avenue, west 960 feet I have waited this long to apply for refund hoping that by now sufficient connections had been made to entitle me to the full amount. Your prompt attention will be much appreciated. Very truly youre, FO-P.TE JR'/dl c.c. City Engineer City of Huntington Beach 49 March 17, 1964 John E. Forte 929 Via Fruteria Santa Barbara, California Subject: 'Darner Drive-In Theatre. Dear Sir: Your letter of March 14, 1964 concerning; the reimbursement agreement dated October 11, 1961 was referred to us by the City Clerk. The water main which you constructed has been extended by others but their cost has been greater than the fees, similar to your case. dowever we can anticipate that further development will occur and water fees will be forthcoming for reimbursement. Very truly yours, Jades R. ? heeler Director of Public Works cct City Clerk O J O H N E. FORTE TELEPHONE 98 7-+444 ' AREA CODE 808 929 Via Fruteria Santa Barbara, Calif. November 3, 1962 l�f , City Engineer Huntington Beach, Calif. Attention: Mr. Wm. Hartge Dear Bill, As I advised you yesterday, my address has been changed from Yorba Linda, to the above. It will be much appreciated if you will change my address on your files particularly on the reimbursement agreement on the sewers on Warner Avenue . Thank you in advance for notifying me when such funds become due me. Very truly yours, JOHN E. FORTE JEF f dl ��y�SIN6Tpy, City oHuntington . g f Huntin ton Beach j1 L! � n Cali f om1Q October 11., 1961 Rosa0 role Mayor =, City: C€uwil City of Huntington B040h Ihwtir4�ton B* h am Attentiont Dose Miller City A iatrator Sub jvet v<ar or Drive-in Theator. Vater and 9 er G °y on In accordance .th Your svotiou of Avvist 3m, tren.smittod horevith Z �ii�'ara Resolutions m ' o d an Afire t kr a sub- J*at dovolopm • All oxpons Involved are paid froa fm'd a 801 . t*4 as fees against dovoloMont-s no wcpeaso to General Fund is lnaurro& The sever re ad has been vwdifl od to elf Udna o adminStrative dotai ,i Yw r Honorable Body should approve and order the Resolutions read) should approvo .the Agreameut and ord" both to be siped by the Maw and Clerk. Verb ter yWra e James RA Wheeler City 'E intor JJRW x a SEWER REIMBURSEMENT - John E. Forte (Warner Drive-In) Total Job Cost of Facility $ 5,422.01 less: Connection Fee 7.4 Acres ® $300,00 20220.00 Total Amount Refundable $ 3,202.01 Amount Refundable Immediately (Council action of August 7, 1961) 2,711.00 Amount refundable from Fees Collected for subsequent connections. This refund not to be made until connection fees are greater than $ 2,711.00 $ 491.01 WATER REIMBURSEMENT - John E. Forte (Warner Drive-In) Total Job Cost of Facility $ 11,687.70 Less: Connection Fee by Theatre Site 7.4 Acres Q $150.00 13,110.00 Total Amount Refundable $ 10,577.70 Amount Refundable Immediately (Council action of August 7, 1961) 5,843.50 Amount refundable from Fees Collected for subsequent connections. This refund not to be made until connection fees are greater than $5,843.50. $ 4,734.20 August 3, 1961 Hmomble Mayor and City Council City of Huntington a ach 5ubjeott Tfarner Drive In teeter Gmtlemem The 'larner Drive-In Theater has recently coo- structod a marditary newer lirm and a water line in �;a.rnar Avenue. The utility Imes were desiizned and constructed to serve propertieu in aidition to the drive-in theater, The thaatar oemar, John E. Forte hws requested that the cost of these public im-pravwanto be placed on a rei aburomwnt plan. Since the orator lime was o onst r,-ic tod as an over- sized main to ex't nd t:* city water syste^ tara:d the wont aide of Vie city and the curer 1i a will be and is presently serving other property, it is roquested that this office be suthoriat�i to ma::e paym4nt to ttr.-, drive-in theater for on - half of the cost of both the serser line w id Vie water line. The sewer line eoutmt cost being Z,422.00 the pay back e:ould amount to $2,711.G0 acod pa<vablo cut of tie sewer fund. The water line contract cost being; Ylls687.00 the PQY back should amount to 65,8U,50 and payable o.t of tho water fund. Tho balance of tie coast of tbo pipelines would be made from sever and water aarvioe fees on vub*,3quent development of the adjoining ,roperty. The entire reinb,:rsem nt will be in ao- cordance to the ser-or Safi water oidiixance and as outlined in a reimbursomat agreomont now being preparod. Very truly yours, Jaaso a it,, Mm eU r City Engineer JR7s&MM WATER REIMBURSEENT. - John E, Forte (Warner Drive-In) Total Job Cost of Facility 110687.70 Less: Connection Fee by Theatre Site 7.4 Acres ® $150400 13,no.00 Total Amount Refundable $ 10,577.70 Amount Refundable Immediately (Council action of August 7, 1961) 5s843.50 Amount refundable from Fees Collected for subsequent connections. This refund not to be made until connection fees are greater than $5,843.50, $ 4,734.20 SEWER REIMBURSEMN. 11 John E. Forte (Warner Drive—In) Total Job Cost of Facility 5,422.01 Less: Connection Fee 7.4 Acres 9 0300#00 2,220.00 Total Amount refundable 3,202.01 Amount Refundable Inmediately (Council action of August 7., 1961) 2s711.00 Amount refundable from Fees Collected for subsequent connections. This refund not to be made until connection fees are greater than $ 20711400 491-01 EXCERPT VROM MINUTES, AUGUST 7, 1961 PAGE #7. John E. Forte- - A, communication- from the City Engineer re- Sewer & Water Refund commending refund to Mr. John E. Forte of the Warner Drive-in Theatre, of one-half the cost of sewer and water line construction in Warner Avenue, was presented for Council con- sideration. Refund Approved 0h motion by Lambert , seconded by Wells, Council approved the refund and directed the City Attorney to have an-.agreement prepared together with Resolutions authorizing the transfer of funds in the amount of $2,711.00 from the Sewer Fund and $5,843.50 from the Water Fund. Motion carried. kh r June 26, 1961 City Council Huntington Beach, Calif. Attention: City Engineer Gentlemen: We respectfully request that the sewer and water lines installed on Warner Avenue be placed on a reimbursement plan for my benefit. Very truly yours, �4ohn E. Forte Owner v June 260 1961 City Council Huntington Beach, Callf.. Attention: City Engineer Gentlemen: We respectfully request that the sewer ,and water lines Installed on Warner Avenue be placed on a reimburcem-ent plan For my benefit Very truly yours, n ohn E. Forte Owner June 26, 1961 City Council Huntington Beach, Calif. Attention: City Engineer Gentlemen: We respectfully request that the sever and water lines installed on warner Avemle be placed on a reimbureement plan for my benefit. Very truly yours, John E. Forte Owner PROPOSAL and CONTRACT Date _1 ^�L� 19 c� TO Dear Sir: ropose to furnish all materials and perform all lab r necessary to complete the following: 41 ) 'J -AV le / ,lCl ,.� !U - .,� `-ems— �� ✓�e� �.. � cs�� �_. All of the above work to be completed in a substantial and workmanuk manner according to standard practices for the sum oft, r Dollars Payments to be made the work progresses to the value of — per cent of all work completed. The entire amount of contract to be paid within _ days after completion. Any alteration or deviation from the above specifications involving extra cost of material or labor will only be executed upon written orders for same, and will become an extra charge over the sum mentioned in this contract. All agreements must be made in writing. Nr T� �clUc L �L eru IF' Respectfully submitted, ral,14 By ACCEPTANCE You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal,for which___ agree to pay the amount mentioned in said proposal, and according to the terms thereof. ACCEPTED Date 19 FORM 1114 ISO PAD CO. 11325 LONG BEACH BLVD. LYNWOOD,CALIF. 100 PROPOSAL and CONTRACT Date �a 4 H�� �� 19� TO Dear Sir: propose to furnish all materials and perform all lab r necessary to complete the following: 5zt We P — e� All of the above work to-be completed in a substantial and workmanlik manner according to standard practices' for the sum of - Dollars (&1-1/ Payments to be made the work progresses to the value of per cent of all work completed. The entire amount of contract to be paid within days after completion. Any alteration or deviation from the above specifications involving extra cost of material or labor will only be executed upon written orders for same, and will become an extra charge over the sum mentioned in this contract. All agreeme must be made in writing. ZtTia 'e 1�9LF`i;v Respectfully submitted, By / ACCEPTANCEO'"<�Te��P,.�/�� You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal, for which— — agree to pay the amount mentioned in said proposal, and according to the terms thereof. ACCEPTED Date , 19 FORM 1114 ISO PAD CO. 11325 LONG BEACH BLVD. LYNWOOD,CALIF. \,`,\,�V% PROPOSAL and CONTRACT Dat 19—� TO- I` _ Uh R C'i�'f Dear Sir: propose to furnish all materials and perform all labor necessary to complete the following: P4T Ol'L , n TQ l� 4--7-. S, -e— a S S-U `h C n All of the above work to be completed in a substantial and workmanlike manner according to standard practices for the sum of Dollars ($ d) Payments to be made as the work progresses to the value of per cent of all work completed. The entire amount of contract to be paid within days after completion. Any alteration or deviation from the above specifications involving extra cost of material or labor will only be executed upon written orders for same, and will become an extra charge over the sum mentioned in this contract. All a eements must be made in writing. Respectfully submitted, T e-. By '57� -7 s/Sri aACCEPTANCE A You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal, for which — agree to pay the amount mentioned in said proposal, and according to the terms thereof. ACCEPTED Date 19 FORM 1114 ISO PAD CO. 11325 LONG BEACH BLVD. LYNWOOD,CALIF. � s PROPOSAL and CONTRACT 19— TO / — /� �.. 1 Dear Sir: propose to furnish all materials and perform all labor necessary to complete the following: 1`1'1 rA 0 h P7_r y.// �A f i r All of the above work to be completed in a substantial and workmanlike manner according to standard- practices for the sum of Dollars ($/J j �) Payments to be made — as the work progresses to the value of — per cent of all work completed. The entire amount of contract to be paid within days after completion. Any alteration or deviation from the above specifications involving extra cost of material or labor will only be executed upon written orders for same, and will become an extra charge over the sum mentioned in this contract. All agreements must be made in writing. Respectfully submitted, B 2:-, {•ro/-TACCEP TAN CE -* j * You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal, for which_— __ agree to pay the amount mentioned in said proposal, and according to the terms thereof. ACCEPTED Date - 19 FORM 1114 ISO PAD CO. 11325 LONG BEACH BLVD. LYNWOOD,CALIF. t 4 e 1 'LL t l Angel 3s 1961 rQble Varm and City Commil City of H"ington Wach Subjvta 'Urner Drive-In ThmteV t. ]�eeraa 11m larwr Drive-In TNmter 1As rsoentI7 con► ,ea 4%cteed a sanitary w4ar Une am' a meter lire 441TOr Avomme The utility Iimci were designed and oonastrsoteed to serve prap®rtiev in addition to the drive-in Heater. The theater owmrs, John R. Forts has rep motowl th4t the cost of Uieso public impmvments be plaosd on a mimbuamament plan. 'Ume Vw mad r liwo mas aonstrmted au are awr► sued main to extend t:* oiti water ayete.- teaA the wort side of the city &W. the wvear li -v will tro and in pr gently serving odor prropurty, it isa mquested that this office be authorises to .,aywnt to t1w.- dgdtmr-in theater for one— half of the coat %X berth W* e r Liao arni the rater liar. The ems° line ooutmat cost being $50422,00 the pay beak a!t►e u d amount to S2,71LX and playable out of tree newer funds 71m !water line contnwt coot being, �-'Pl1g687.W thte pay back should aa=unt to 45&BU.50 and payable o :t o: Vm water furad* r the bula►ma of Ux.) cost of tw,o pipolinee mn M bo made Trcm sewer and water earvim gees an suflsi j:►ent devulopmnt of the adjoining ;jrope rt ye The entire rainbi rye nt will be in aar- cordame to the ami outer ordirunmo and an outlined in { a reimbursement a ment now beinL7 SrePare4 I Vory truly ywres Jame R. Whae2or "It,V W� JID aMr,Ngom i EXCL _:,T FROM MINUTES AUGUST 70 PAGE . John E. Forte - A communication from the City Engineer re- Sewer & Water Refund ( commending refund to Mr. John E. Forte of the Warner Drive-in Theatre , of one-half the cost of sewer and wnter line construction in `Darner Avenue, was presented for Council con- E sideration. i Refund Approved On motion by Lambert , seconded by Wells , Council approved the refund and directed the City Attorney to have an agreement prepared together with Resolutions authorizing the transfer of funds in the amount of $2 ,711.00 from the Sewer Fund and $5,843. 50 from the Water Fund. Motion carried. r 4 f f`+1; 1 i Total Job Cost of Facility 11,687.70 Amount Refundable under Chapter 35 (90% of offsite cost ) 10, 518.93 Less: Connection Fee by Theatre Site 7.4 Acres @ $150.00 1, 110.00 Total Amount Refundable 9, 408.93 Amount Refundable Immediately (Council action of August 7, 1961 ) 5,843. 50 Amount refundable from Fees Collected for subsequent connections. This refund not to be made until connection fees are greater than $5,841. 50. 3,565.43: � 4 7�� 3 1✓TErZ lf3v�C- j D /�E G�iU fd 2 P/?/I/ K t C"Mpany MAIN STREET AT FIFTH, SANTA ANA, CALIFORNIA . LIMBERLY 7-8802 . ZENITH S! PRELIMINARY REPORT (G� our No. 39067.1'-JL • Issued for Sole Use 'of Your No. In connection with your application for a Policy of Title Insurance on the title to the land hereinafter described, this report Is Issued as an accommodation, and is made without liability and without obligation to issue such P611cy. -Statement of charges will be rendered when Policy is issued, or ninety days from entry of application, If Polity is not.issued prior to that time. Dated 'aa of-March 16, 1961 at 8:00 A.M. ORANGE CZ ITLE COMPANY B � - u�la0 Albert A. Romano, TITLE OFFICER VESTEE: FMD K. SSERPffIN and JOSEPHINE B. SEEMAN, husband and wife. SIOWNCT TO: 1. Taxes for the fiscal year 1961-1962, not yet payable. 2. Second Installment of Taxes for the fiscal year 1960-1961, $255.49. County Assessor's Parcels Numbered 107-070-18.2 and 107-070-3. 3. The Reservation of the use and control of clenegas and natural streams of Prater, if any, naturally upon, flowing across, into or by said described tract, and the right of Way for and to construct irrigation or drainage ditches through said tract to irrigate or drain the adjacent land, as reserved in the deed re- corded April 1, 1897 in Book 30, page 32 of Deeds. 4. A 15-foot easement for ingress and egress over a strip of land West of and adjoining the existing Westerly line of the Santa Ana and Newport Railroad right of Way as conveyed to R. F. Beers and others, by deed recorded January 24, 1945 In Book 1299, page 226 of Official Records. 5. An Easement over that portion of said land included within a strip of land 15 feet wide, the Easterly line of said 15 foot strip being parallel with and distant Westerly 10 feet, masured at right angles, from the `Masterly boundary of that certain real property "Second" described in deed dated July 8, 1898, for Stearns Ponchos Company and Robert J. Northan to the Santa Ana and Newport Railway Company, recorded Juae 14, 1899 in Book 44, page 66 of Deeds, said strip being bounded on the South by the South line of said Section 23 and on the North by the Southerly boundary of the land conveyed to said John A. Mirdy Jr., and Norma L. Murdy, hja!�and and rife, by deed recorded December 12, 1945 in Book 1376, page 281 of ttftclal Records, for ingress, egress and incidental purposes, as conveyed to r6m 1064 order No. 390611-JL John A. lardy, Jr., Norma L. lardy, husband and wife, each an undivided one- half Interest as their separate property, an easement for ingress and egress over a strip of land situated in the County of Orange, by deed reooided larch 49 1949 in Book 1810, page 451. of Official Records. 6. A Deed of Trust with assignment of rents dated September 10, 1959, wescuted by Fred K. Sherman and Josephine B. Sherman, husband and wife, to Title Insuraaes and Trust Company, trustee, to secure an indebtedness of $44,588.00 in favor of W. R. Hanline and Merle M. Hanlins, husband and wife, as joint tenants, and . any other amounts payable under the terms thereof, recorded November 24, 1959 In Book 4986, page 291 of Official Records. Note. All the land covered by said Deed of Trust, except the above described land, has been reconveyed from the lien thereof. 7. The Effect of a Quitclaim Deed dated February 5, 1960, and recorded April 11, 1960 in Book 5188, page 1 of Official Records frm R. E. Beem and Eva Beam husband and wife, to Orange County Flood Control District, a body corporate and politic, purporting to convey the West 25 feet of the East 40 feet of the Southeast quarter of the Southwest quarter of Section 23, Township 5 South, Range 11 West. Excepting therefrom the North 660 feet of said Southeast quarter. At the date of said deed, said grantors had no fee interest 1n and to said land. 8. The Effect of a Quitclaim Deed dated July 7, 1960 and recorded July 13, 1960 In Book 5327, page 165 of Official Records from John A. Mardy, Jr., and Norma L. Mardy, husband and wife, to Orange County Flood Control District, purporting to ooRvey the West 25 feet of the Past 40 feet of the Southeast quarter of the Southwest quarter of Section 23, Township 5 South, Range 11 West. Excepting therefrom the North 660 feet of said Southeast quarter. At the date of said deed, said grantors had no fee interest in and to said land. 9. Any interest of Oaida M. Connally, as disclosed by an agreement recorded December 21, 1959 in Book 5024, page 101 of Official Records. DESCRIPTION: All. that certain land situated in the State of California, County of Orange, City of Huntington Beach, described as follows: That portion of the East half of the Southeast quarter of the Southwest quarter of Section 23, Township 5 South, Range 11 West, partly in the Rancho Las Bolsas and partly in the Rancho La Bolsa Chica, described as follows: Beginning at a point on the West line of the Right of Way of the Santa Ana and Newport Railway, said point being 15 feet West of a point which is 150 feet North of the Southeast corner of said Southwest quarter; thence West 499 feet; thence South 120 feet to the North line of the County ?goad; thence West 146.4 feet to theNjiest line of the said\East half of the Southeast quarter of the Southwest quarter of said Section 23t thence along said West line to a point Page 2 f Order No. 390611-JL whlah is 660 feet South of the Northwest corner of said Mast half aP the Smtb- east quarter of the Southwest quarter; thence East 645 feet to a point on the West 12me of said Railway Right of Way which is 660 feet Swath of the North line of this said East half of the Southeast quarter of the Southwest quarter; thence South 510 feet along said West line to the point of beginning. Except the West 10 feet of the East 25 feet of that portion thereof included within the Swath 440 feet of the Southeast quarter of the Southwest quarter of Section 23. Except that portion of the land above described deeded to the Orange County Flood Control District, recorded April 11, 1960 in Book 5188, page 8 of Official Records, said land being described as follows: That portion of the East half of the Southeast quarter of the Southwest quarter Section 23, Township 5 .South, Range n West, in the Rancho La Bolsa Chica. Bounded Northerly by the South line of the North 660 feet of said bast half; bounded Southerly by a line, bearing North 890 28' 09", West and passing through a point on East line on said East half, distance North 00 21' 22" East 634.56 feet from the Southeast corner of said East half, said line also being the Easterly prolongation of the North line of Huntington Place, as shown on a Hap of Tract Me. 392, recorded in Book 16, page 5 of M scellansous Msps, records of. Orange County, California. Excepting therefrom the East 15 feet. y Also except all petroleum, gas, asphaltum and other-hydrocarbons and other minerals within or underlying, or that may be produced from that portion thereof Included within the bast 114 feet of the South 440.00 feet of the Southeast quarter of the Southeast quarter of the Southwest quarter of said Section 23, as reserved by Katherine C. O'Neill, a widow, in deed recorded August 30, 1944 In Book 1287, page 8 of Official Records, which deed provides as follows: "together with any and all easements, rights of way or servitude in, under and upon said land, necessary or convenient; to explore or test said lands by geophysical or other methods, to drill for, mine, produce, extract and take any of said minerals from said land, to construct, use, maintain, erect, re- place, or remove on or from said lands all pipe lines, power lines, telephone lines, roads, tanks, derricks, machinery and other structures and equipment and to construct any and all other operations which grantor, her heirs, successors and assigns may deem necessary in exercise of the rights therein reserved." * * * * * * s s * * s * * * * AAR:th Page 3 REIMBURSERMIT ,AGR TENT THIS AGREEKMT# dated this 11th day of October, 1961, by and BETIMM CITY OF HUNTINGTOYI BEACH a municipal corporation hereinafter for conven- ience referred to as# CITY AND JOHN E. FORTE hereinafter for conven- ience referred to asp BUILDER W Y T N E s S E T Aa VAEAEASs Builder has filed written application with the Water Department of the City of Huntington Roach for the ex- tention of a water main and connection thereto for the garner Drive-In Theater; and WHEREAS# Builder has, at his owe cost and expense, con- structed said off•-eite water facility all in conformity with the plans, specifications and provisions as approved by the City Engineer and the slater Superintendent; and MEREAS, the construction of said water line shall be in conformity with the Huntington Beach Ordinance Code, more par- ticularly Chapter 35 relating to water, and at the completion of said construction and upon acceptance by the City Engineer as being in full conformity with the plans and specifications approved by said City Engineer and the Water Department, shall hereby be dedicated by the Builder to the City of Huntington Beach; and C- 14M A.` & the Builder shall be entitled under said sections of the Huntington Beach Ordinance Code# after such construction and dedication of said water facility to refunds from connections by others to said water facilityg NOW THERE+ORB9' in consideration of the premiss and the agreements herein aontainecd; the parties agree se followe s 1a That upon completion of the construction of the facility hereinafter described by the Builder to the full satis- faction of the City Engineer and on its dedication to the City of Huntington Beach, Builder shall be entitled to refund from water service fees received by the City of Huntington Beach in . accordance with the provisions of Chapter 35 of the Huntington Beech Ordinance Code; 2. The facility constructed by Builder and for which refunds are hereby agreed to be paid to Builder is described as follows: Construction of a water rain from the existing main on the Weaterly side of Viehols Street and the Southerly side of garner Avenuei Wrest - 960 feet:. 3: That the cost to Builder for the construction of said facility twas the sum of 011,687:70 4. That the Builder$ at the request of and in the beet interests .of the City did truot a facility ailed to City he requirements for whichA hereby reimbursed in the amount of 0504340: 5+ That the refund to be paid the Builder under this Agreement is as follows$ Total job cost $ 11o637 :70 A ,Less 4; above 5043:50 Less Fees 7:4 A 0 0150/A ; -<I110000 Net Refundable 0 4;744.20 2. 6. No refund payment shall be made by the Clerk of the City of Huntington Beach to Builder until the City Engineer aha►- 1 have certified, in writing, to the City Clerk that Builder is entitled to a refund for a specific connection having previously been made to this particular. faellity In accordance with Chapter 35 and the City has received the Pee for such connection. Dated= October 110 19614 CITY OF HUNTINGTON BEACH, a m al corporat n' Bg $y r ATTEM city C CITY JOHri E, FORTE, Builder Subscribed and sworn to before me this 190 day of Octobdr, 1961, e ERNESTINA DI FABIO-NOTARY PUBLIC In and for the County of Orange.State of California My Commission Eapirea June 26, 1965 City Hall-Huntington Beach, Calif. 36 1"WW ---------- Map on File 0 with City Clerk